CITY OF EUGENE v. REED


464 P.2d 842 (1970)

CITY OF EUGENE, Respondent, v. Duane Ernest REED, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 5, 1970.


Attorney(s) appearing for the Case

Gary K. Jensen, Eugene, argued the cause for appellant. With him on the brief were Dwyer & Jensen, Eugene.

Douglas G. Combs, Asst. City Atty. Eugene, argued the cause for respondent. With him on the brief were Herman P. Hendershott, City Atty., and James W. Spickerman, Asst. City Atty., Eugene.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.


FOLEY, Judge.

Defendant was convicted of driving while under the influence of intoxicating liquor. He appeals, urging (1) that he was not effectively advised of his rights before making incriminating statements, and (2) that the court erred in refusing to instruct the jury that to convict they must find defendant's ability to operate his automobile was impaired solely by intoxicating liquor.

We concur with the trial...

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